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Document 62009TJ0404

Judgment of the General Court (Eighth Chamber) of 12 November 2010.
Deutsche Bahn AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for Community trade mark consisting in a horizontal combination of the colours grey and red - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009.
Case T-404/09.

European Court Reports 2010 II-00249*

ECLI identifier: ECLI:EU:T:2010:466





Judgment of the General Court (Eighth Chamber) of 12 November 2010 – Deutsche Bahn v OHIM (Horizontal combination of the colours grey and red)

(Case T-404/09)

Community trade mark – Application for Community trade mark consisting in a horizontal combination of the colours grey and red – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 26, 28-37)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 23 July 2009 (Case R-379/2009-1) concerning an application for registration of a colour sign, consisting in the combination of the colours grey and red, as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:

Deutsche Bahn AG

Community trade mark sought:

Trade mark consisting of the combination of the colours grey and red for services in Class 39 – Application No 6733315

Decision of the examiner:

Registration refused

Decision of the Board of Appeal:

Appeal dismissed


Operative part

The Court:

1.

Dismisses the action;

2.

Orders Deutsche Bahn AG to pay the costs.

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